ARTICLE XIX - ZONING BOARD OF ADJUSTMENT
(Adopted March 14, 1989)
A. Creation
A Zoning Board of Adjustment shall be created, under the provisions of RSA 673, for the purpose of reviewing applications for Variances or Special Exceptions to the Zoning Ordinance and deciding whether there is a legitimate reason for granting relief or exception to a specific provision or provisions of the Ordinance when requested.
B. Powers of the Zoning Board of Adjustment
In accordance with the provisions or RSA 674:33, the Zoning Board of Adjustment shall have the power to:
Hear and Decide Appeals from Administrative Decisions: The Board shall hear and decide such appeals where or if it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement thereof of any ordinance adopted pursuant thereto.
Grant Special Exceptions: A local zoning ordinance may provide that the Zoning Board of Adjustment, in appropriate cases and subject to appropriate conditions and safeguards, make Special Exceptions to the terms of the Ordinance. All special exceptions shall be made in harmony with the general purpose and intent of the Antrim Zoning Ordinance and shall be in accordance with the general or specific rules contained in the Ordinance.
The proposed use shall also conform with all the provisions for the use in the particular Zoning District in which it is to be located and all other pertinent provisions of the Zoning Ordinance, including the conditions under which Special Exceptions are permitted (see Article XIII).
3. Grant Variances: The Zoning Board of Adjustment may authorize, upon appeal in specific cases, such variance from the terms of the Zoning Ordinance as will not be contrary to the public interest. A Variance may be granted if, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. In granting any Variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement this Ordinance and to protect the public interest. The board may grant a Variance provided the following conditions have been satisfied:
a. No diminution in value of surrounding properties would be suffered.
b. Granting the permit would be of benefit to the public interest.
Denial of the permit would result in unnecessary hardship to the owner
seeking it.
d. By granting the permit substantial justice would be done.
The use must not be contrary to the spirit of the Ordinance.
Updated 12/2/03
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